How to answer a debt lawsuit in Delaware

How long you have, how to file, what it costs and which defenses to raise.

Checked against official sources: Oct 24, 2026.

Short answer

Justice of the Peace Court debt action: 15 days. Fill out the answer form that comes with your complaint and summons. Check one box: you admit the debt and do not want a trial, or you want a trial.

Time to answer
15 days
Official answer form
Defendant's Answer to the Complaint (J.P. Civil Form No. 07)
Fee to answer
The Justice of the Peace Court fee list shows no fee for filing an answer.

Your deadline to answer in Delaware

  • Justice of the Peace Court debt action: 15 days.

Justice of the Peace Court debt action: your signed answer must be received by the court within 15 days after the date you received the summons. Check your summons, because it tells you what to do.

Law: J.P. Ct. Civ. R. 12; J.P. Civil Form No. 07 (rev. 07/14/25); 10 Del. C. § 9801

In nearby states

Count your exact deadline

The date is counted in your browser.

The court's name is at the top of your summons.

An estimate from our state data, not legal advice. Court holidays and local rules can change a deadline. File early, and ask the court clerk if you are not sure.

What can defeat the claim in Delaware

You can raise any defense in your answer or at or before trial. The statute of limitations for most debts is 3 years. A claim you have against the plaintiff from the same transaction, up to the court's limit, generally must be filed as a counterclaim, at least 5 days before trial, or you may lose it. For medical debt from hospitals and other large health-care facilities, the Medical Debt Protection Act (6 Del. C. ch. 25J) bars wage garnishment, bank levies and property levies.

Law: J.P. Ct. Civ. R. 12; 10 Del. C. § 8106; J.P. Ct. Civ. R. 13

A written-contract debt in Delaware must be sued on within 3 years. Raise an older debt as a defense in your answer.

Debt buyer lawsuits in Delaware: the full rules

Fill in Delaware's official answer form: a helper

Start with the official form: Defendant's Answer to the Complaint (J.P. Civil Form No. 07)

This helper is not a court form and does not file anything. It lists what to copy onto the official form, in plain words.

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What to put on the official form

What an answer is and how to file it in Delaware

Fill out the answer form that comes with your complaint and summons. Check one box: you admit the debt and do not want a trial, or you want a trial. In a debt action you can also ask the plaintiff for a Bill of Particulars (a more detailed statement of the claim). Mail or bring the form to the Justice of the Peace Court at the address on the form. You must also come to court on the trial date.

Service of the court papers in Delaware

Service means officially getting the court papers. Your deadline usually starts that day.

The court itself usually serves the papers (the cost is in the plaintiff's filing fee), unless the plaintiff hires a special process server. You can be served by hand, by leaving copies at your home with an adult who lives there, by certified mail with return receipt, or by first-class mail with a certificate of mailing.

Law: J.P. Ct. Civ. R. 4(d), 4(f)(1)(I)

What answering costs in Delaware

Fee to answer

The Justice of the Peace Court fee list shows no fee for filing an answer. A motion to vacate a default judgment costs $15.

If you can't pay the fees

Application and Affidavit to Proceed In Forma Pauperis (JP Court): https://courts.delaware.gov/forms/download.aspx?id=183398

Your answer, step by step

  1. Check the court papers

    Find the court, the case number and the plaintiff's lawyer on the summons.

  2. Count the days

    Your deadline in Delaware: Justice of the Peace Court debt action: 15 days.

  3. Answer in writing

    The court's own form: Defendant's Answer to the Complaint (J.P. Civil Form No. 07).

  4. Request the debt documents

    Send a documents request letter to the plaintiff's lawyer.

Federal rules in every state

  • Where a collector must sue. A debt collector that sues you over a consumer debt must file where you signed the contract or where you live when the suit starts. Law: 15 U.S.C. 1692i(a)(2)
  • Old debts. A debt collector must not sue you, or threaten to sue you, on a debt that is too old to sue on. Law: 12 CFR 1006.26(b)

Free help in Delaware

Questions about answering in Delaware

How long do I have to answer a debt lawsuit in Delaware?

Justice of the Peace Court debt action: your signed answer must be received by the court within 15 days after the date you received the summons. Check your summons, because it tells you what to do.

How do I answer a debt lawsuit in Delaware?

Fill out the answer form that comes with your complaint and summons. Check one box: you admit the debt and do not want a trial, or you want a trial. In a debt action you can also ask the plaintiff for a Bill of Particulars (a more detailed statement of the claim). Mail or bring the form to the Justice of the Peace Court at the address on the form. You must also come to court on the trial date.

Is there an official answer form in Delaware?

Defendant's Answer to the Complaint (J.P. Civil Form No. 07): https://courts.delaware.gov/forms/download.aspx?id=121178

Is there a fee to answer in Delaware?

The Justice of the Peace Court fee list shows no fee for filing an answer. A motion to vacate a default judgment costs $15.

Can Delaware courts waive my fees?

Application and Affidavit to Proceed In Forma Pauperis (JP Court): https://courts.delaware.gov/forms/download.aspx?id=183398

More for Delaware

Sources

Sources

Last checked: Oct 24, 2026.

Federal sources
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